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Canadian Law - false imprisonment


  • Post Date 2018-11-08T08:13:43+00:00
  • Post Category New Samples

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Canadian Law - false imprisonment

Canadian Law - false imprisonment

I need you to look over the requirement, no phone calls please just email, the red part is an example please read the instructions at the end of the paper This is not US law, this must be a Canadian law if they can identify the laws that apply before writing and sent to me as a draft but I do need at least the outline of the laws that apply in this case I got one of the already it is written in red unless they can add to it
CourseworkLaw Name:Course title:Professor:Institution:Date Due: Concerning this case, the driver could be charged on false imprisonment. According to the Canadian laws, false tort imprisonment refers to unlawful restraint of an individual by an individual who has no justification or legal authority in doing so. In Canada, it is illegal for an individual to intentionally confine or restrict another person`s movement without his or her consent. These include police officers, security guards, medical professionals, state owners, employers, tax drivers and any other individuals In addition, can happen in a variety of settings such as in a room, moving vehicle even on the streets. In this case, Marnie was confined in the taxi by the taxi driver without her consent or the jurisdiction of any legal authority such as as police or court. This means that instead of following the correct law procedure and perhaps seeks the intervention of law enforcement officers when she refused to pay the required amount, the driver opted to take the law in his own hands. By not being able to get out, Marnie`s freedom of movement had been unlawfully restricted by unauthorized person. Had she decided to escape from the moving car, she would have gotten hurt because the taxi was driving too fast. The confinement was conditional on basis of payment. According to the law, anyone who confines a person even for a short period of time is liable for the tort of false imprisonment. False imprisonment is considered as a civil wrong and a crime. In going to court, Marnie will claim for false imprisonment by the taxi driver and may be compensated for interference of her right to freely move. These damages may include compensatory damages incase of injuries, nominal damages and punitive damages to the tax driver for his weird acts. Marnie was able to win this case because he had the following facts as pertaining to these civil law suits of this nature: that the detention by the tax driver was intentional, there was no consent from Marnie for the detention, and finally it was unlawful executed. Marnie must also be made to understand that in Canada, Tax Cab rates are not set according to the discretion of the tax drivers. In other words, the amount of money to be paid by the customer is not determined by the driver but the municipal authorities. Therefore, the Tax driver was not justified concerning the amount of money that he charged Marnie. However, this may not be so if there is a tax meter in the said car. Unfortunately, this car had no tax meter. Tax drivers are also allowed to impose surcharges for fares that surpass after hours. Moreover, it is the jurisdiction of these tax drivers to determine what constitutes after hours. Tax fares in Canada depend on the time of the day and traffic congestion. In other times, the Council of the City of Fairvil...

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